Section 616C.601 - Suspension or termination of vocational rehabilitation benefits: Grounds; report by private carrier; notice; appeal1. An injured employee who:(a) Rejects a suitable program of vocational rehabilitation which is offered to him or her;(b) Rejects employment which is within the limitations prescribed by a treating physician or chiropractor; or(c) Refuses to cooperate with the insurer in the development of a program of vocational rehabilitation or a search for a job,is subject to a suspension or termination of his or her vocational rehabilitation benefits.
2. An injured employee who has agreed to participate in a suitable program of vocational rehabilitation but who: (a) Fails to report for scheduled activities, a search for a job, training or employment;(b) Reports but refuses to cooperate with the insurer;(c) Reports but is impaired by alcohol or drugs not prescribed by a physician;(d) Has an unexcused absence of 3 or more consecutive days; or(e) Has unexcused absences that prevent him or her from: (1) Completing the training in the period specified in the agreement for the program; or(2) Developing skills for employment,is subject to a suspension or termination of his or her vocational rehabilitation benefits.
3. An insurer may terminate vocational rehabilitation benefits if the injured employee has misrepresented or concealed a matter which was material to the evaluation of his or her eligibility or the provision of vocational rehabilitation services.4. If the insurer is a private carrier, it shall report to the employer each injured employee who rejects or fails to participate in a program of vocational rehabilitation. The report must contain a brief description of the facts and a statement of the determination of the private carrier to suspend or terminate benefits at a specified future date.5. Vocational rehabilitation benefits terminate on the date specified in the report of the private carrier.6. An insurer shall give the injured employee a written notice that his or her vocational rehabilitation benefits have been suspended or terminated and a statement of the reason for the suspension or termination.7. An injured employee whose vocational rehabilitation benefits have been suspended or terminated is entitled to a hearing on the suspension or termination and may appeal from any decision of a hearing officer on that matter.Nev. Admin. Code § 616C.601
Industrial Comm'n, No. 14.070, eff. 7-1-73; A 3-26-82; renumbered as 6.070, 6-30-82-NAC A by Div. of Industrial Insurance Regulation, 10-26-83; A by Div. of Industrial Relations, 1-20-94; R098-98, 12-18-98; R098-98, 12-18-98, eff. 7-1-99